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Before the
Federal Communications Commission
Washington, D.C. 20554
)
In the Matter of )
GadgetTown Inc. d/b/a ) File No.: EB-10-SE-082
GadgetTown.com )
)
CITATION
ILLEGAL MARKETING OF SIGNAL JAMMING DEVICES
Adopted: May 2, 2011 Released: May 4, 2011
By the Acting Chief, Spectrum Enforcement Division, Enforcement Bureau:
I. INTRODUCTION
1. This is an official CITATION issued pursuant to section 503(b)(5) of
the Communications Act of 1934, as amended ("Communications Act"), to
GadgetTown d/b/a GadgetTown.com ("GadgetTown") for marketing in the
United States unauthorized radio frequency devices - cell phone
signal blockers and GPS signal jammers - in violation of section
302(b) of the Communications Act, and section 2.803 of the
Commission's rules ("Rules").
2. GadgetTown should take immediate steps to come into compliance and to
avoid any recurrence of this misconduct. These jamming devices pose
significant risks to public safety and other radio communications
services. As explained below and as provided in the Communications
Act, future violations of the Rules in this regard may subject your
company to substantial monetary penalties, seizure of equipment, and
criminal sanctions.
II. background
3. The Enforcement Bureau ("Bureau") of the Federal Communications
Commission ("Commission" or "FCC") initiated an investigation of
GadgetTown and its marketing of the following unauthorized radio
frequency devices in the United States: the Cigarette Case Cell Phone
Signal Blocker, the Portable Cell Phone Signal Blocker, the 60M Range
Mountable Cell Phone Signal Blocker and the Portable Anti-Tracker GPS
Signal Jammer Blocker. The staff of the Bureau's Spectrum Enforcement
Division ("Division") observed that GadgetTown offered for sale the
four signal jamming devices on the company's web site, and on July 23,
2010, the Division issued a letter of inquiry ("LOI") to GadgetTown.
The company responded to the LOI on August 31, 2010.
4. In its response to the LOI, GadgetTown stated that it marketed the
aforementioned signal jamming devices between July 1, 2010 and July
22, 2010, selling a total of 15 signal jamming devices to U.S.
consumers during that period. In addition, GadgetTown identified the
supplier and quantity of each device sold in July 2010. GadgetTown
explained that it did not manufacture any of the devices, but shipped
the products directly from Shenzhen, China. Finally, GadgetTown stated
that it was not aware of regulations prohibiting the import and sale
of the signal jamming devices, and that since receiving notification
from the Commission, it has taken steps to ensure "that there will be
no further prohibited items imported into the United States."
III. applicable law and violations
5. Federal law prohibits the marketing and operation of signal jamming
devices in the United States and its territories. Section 333 of the
Communications Act states that "[n]o person shall willfully or
maliciously interfere with or cause interference to any radio
communications of any station licensed or authorized by or under this
Act or operated by the United States Government." In addition, section
302(b) of the Communications Act provides that "[n]o person shall
manufacture, import, sell, offer for sale, or ship devices or home
electronic equipment and systems, or use devices, which fail to comply
with regulations promulgated pursuant to this section."
6. The applicable implementing regulations for section 302(b) are set
forth in sections 2.803, 15.201 and 15.3(o) of the Rules. Section
2.803(a)(1) of the Rules provides that:
no person shall sell or lease, or offer for sale or lease (including
advertising for sale or lease), or import, ship, or distribute for the
purpose of selling or leasing or offering for sale or lease, any radio
frequency device unless ... [i]n the case of a device subject to
certification, such device has been authorized by the Commission in
accordance with the rules in this chapter and is properly identified and
labeled as required by S: 2.925 and other relevant sections in this
chapter.
Additionally, section 2.803(g) of the Rules provides in relevant part
that:
[R]adio frequency devices that could not be authorized or legally operated
under the current rules ... shall not be operated, advertised, displayed,
offered for sale or lease, sold or leased, or otherwise marketed absent a
license issued under part 5 of this chapter or a special temporary
authorization issued by the Commission.
7. Pursuant to section 15.201(b) of the Rules, intentional radiators like
signal jamming devices cannot be marketed in the United States or its
territories unless they have first been authorized in accordance with
the Commission's certification procedures. Section 2.803(e)(4) of the
Rules defines "marketing" as the "sale or lease, or offering for sale
or lease, including advertising for sale or lease, or importation,
shipment or distribution for the purpose of selling or leasing or
offering for sale or lease."
8. Signal jamming devices, however, cannot be certified or authorized
because their primary purpose is to block or interfere with authorized
radio communications. As noted above, a device intended for such use
is clearly prohibited by section 333 of the Communications Act. Thus,
signal jamming devices such as those offered by GadgetTown cannot
comply with the FCC's technical standards and therefore cannot be
marketed lawfully in the United States or its territories.
9. GadgetTown admits that it imported and marketed the signal jamming
devices in the United States. Accordingly, we find that GadgetTown
violated section 302(b) of the Communications Act and section 2.803 of
the Rules by marketing in the United States radio frequency devices
(the Cigarette Case Cell Phone Signal Blocker, the Portable Cell Phone
Signal Blocker, the 60M Range Mountable Cell Phone Signal Blocker, and
the Portable Anti-Tracker GPS Signal Jammer Blocker) that are not
eligible for certification. We therefore issue this Citation to
GadgetTown for violating the Communications Act and the Rules as
discussed above.
IV. FUTURE COMPLIANCE
10. If, after receipt of this Citation, GadgetTown violates the
Communications Act or the Rules by engaging in conduct of the type
described herein, the Commission may impose monetary forfeitures of up
to $16,000 for each such violation or each day of a continuing
violation, and up to $112,500 for any single act or failure to act. In
addition, violations of the Communications Act or the Rules can result
in seizure of equipment through in rem forfeiture actions, as well as
criminal sanctions, including imprisonment.
11. GadgetTown may respond to this Citation within thirty (30) calendar
days after the release date of this Citation either through (1) a
personal interview at the closest FCC office, or (2) a written
statement. Any written statements should specify what actions have
been taken by GadgetTown to ensure that it does not violate the
Communications Act and the Rules prohibiting the marketing of radio
frequency signal jamming devices in the future. Please reference file
number EB-10-SE-082 when corresponding with the Commission.
12. Under the Privacy Act of 1974, any statement or information provided
by you may be used by the Commission to determine if further
enforcement action is required. Any knowingly or willfully false
statement, or concealment of any material fact, made in reply to this
Citation is punishable by fine or imprisonment. Please also note that
section 1.17 of the Rules requires that you provide truthful and
accurate statements to the Commission.
V. CONTACT INFORMATION
13. The closest FCC office is the New York District Office in New York,
NY. You may contact Karen Mercer by telephone, (202) 418-1160, to
schedule a personal interview, which must take place within thirty
(30) calendar days after the release date of this Citation. You should
send any written statement within thirty (30) calendar days after the
release date of this Citation to:
John D. Poutasse
Acting Chief, Spectrum Enforcement Division
Enforcement Bureau
Federal Communications Commission
445 12th Street, S.W. Rm. 3-C366
Washington, D.C. 20554
Re: EB File No. EB-10-SE-082
14. Reasonable accommodations for people with disabilities are available
upon request. Include a description of the accommodation you will need
providing as much detail as you can. Also include a way we can contact
you if we need more information. Please allow at least five (5) days
advance notice; last minute requests will be accepted, but may be
impossible to fill. Send an e-mail to fcc504@fcc.gov or call the
Consumer & Governmental Affairs Bureau:
For sign language interpreters, CART, and other reasonable accommodations:
(202) 418-0530 (voice), (202) 418-0432 (tty);
For accessible format materials (braille, large print, electronic files,
and audio format):
(202) 418-0531 (voice), (202) 418-7365 (tty).
VI. ORDERING CLAUSES
15. IT IS ORDERED that a copy of this Citation shall be sent both by First
Class U.S. Mail and Certified Mail, Return Receipt Requested to Mr.
Shu Wu, GadgetTown, Inc., 726 64th Street, Brooklyn, New York
11220-4714, and his counsel, Mr. Paul A. Goldberger, Esq., Goldberger
& Dubin, P.C., 401 Broadway, New York, New York 10013.
FEDERAL COMMUNICATIONS COMMISSION
John D. Poutasse
Acting Chief, Spectrum Enforcement Division
Enforcement Bureau
47 U.S.C. S: 503(b)(5).
47 U.S.C. S: 302a(b).
47 C.F.R. S: 2.803.
See www.gadgettown.com. Enforcement Bureau staff first observed the web
site on July 6, 2010.
See Letter from Kathryn S. Berthot, Chief, Spectrum Enforcement Division,
Enforcement Bureau, Federal Communications Commission, to Shu Wu,
GadgetTown Inc. d/b/a GadgetTown.com (July 23, 2010).
See Letter from Paul A. Goldberger, Esq., counsel for GadgetTown, to Karen
Mercer and JoAnn Lucanik, Spectrum Enforcement Division, Enforcement
Bureau, Federal Communications Commission (August 31, 2010). On August 10,
2010, the Division granted GadgetTown an extension of time to respond to
the LOI, setting a new response date of September 1, 2010.
See id. at 1.
See id. at 1-2.
See id. at 2.
See id.
Id. at 3.
47 U.S.C. S: 333.
47 U.S.C. S: 302a(b).
47 C.F.R. S:S: 2.803, 15.201, and 15.3(o).
47 C.F.R. S: 2.803(a)(1).
47 C.F.R. S: 2.803(g).
47 C.F.R. S: 15.201(b).
An "intentional radiator" is a "device that intentionally generates and
emits radio frequency energy by radiation or induction." 47 C.F.R. S:
15.3(o).
47 C.F.R. S: 2.803(e)(4).
See 47 U.S.C. S:S: 401, 501, 503; 47 C.F.R. S: 1.80(b)(3). This amount is
subject to further adjustment for inflation (see id. S: 1.80(b)(5)), and
the forfeiture amount applicable to any violation will be determined based
on the statutory amount designated at the time of the violation.
See 47 U.S.C. S: 510.
See Privacy Act of 1974, 5 U.S.C. S: 552a(e)(3).
See 18 U.S.C. S: 1001 et seq.
47 C.F.R. S: 1.17 ("[N]o person subject to this rule shall; (1) In any
written or oral statement of fact, intentionally provide material factual
information that is incorrect or intentionally omit material information
that is necessary to prevent any material factual statement that is made
from being incorrect or misleading; and (2) In any written statement of
fact, provide material factual information that is incorrect or omit
material information that is necessary to prevent any material factual
statement that is made from being incorrect or misleading without a
reasonable basis for believing that any such material factual statement is
correct and not misleading.").
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Federal Communications Commission DA 11-812
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Federal Communications Commission DA 11-812